Admissions in civil cases when relevant
AI Assist
Summary
An admission in a civil case is irrelevant if it was made on an express condition that it not be used in evidence, or if the court can infer the parties agreed it should not be given in evidence. The rule applies whenever the statement was intended to be kept out of court. An advocate is not exempt from giving evidence he can be compelled to give under sections 132(1) and (2).
Example
Priya signs a written note for her neighbour admitting she cut a boundary tree and writes 'not to be used as evidence'. Later, in a civil suit about the boundary, the court will refuse to admit that note because it was made on that express condition. If Priya's advocate is compelled under section 132(1) or (2), the advocate may still have to give evidence.
Bare Act
Enacted textIn civil cases no admission is relevant, if it is made either upon an express condition that evidence of it is not to be given, or under circumstances from which the Court can infer that the parties agreed together that evidence of it should not be given.
Explanation.-Nothing in this section shall be taken to exempt any advocate from giving evidence of any matter of which he may be compelled to give evidence under sub-sections (1) and (2) of section 132.
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